A/HRC/29/L.8
United Nations
General Assembly
Distr.: Limited
30 June 2015
Original: English
Human Rights Council
Twenty-ninth session
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Albania, Australia,* Bulgaria,* Canada,* Cyprus,* Estonia, France, Germany,
Greece,* Guatemala,* Hungary,* Ireland, Italy,* Liechtenstein,* Netherlands,
Norway,* Paraguay, Romania,* Spain,* Sweden,* Switzerland,* the former Yugoslav
Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland,
United States of America: draft resolution
29/… Fact-finding mission to improve human rights, accountability
and reconciliation for South Sudan
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, the
Universal Declaration of Human Rights, the African Charter on Human and Peoplesʼ
Rights and relevant human rights treaties,
Emphasizing that States have the primary responsibility for the promotion and
protection of human rights,
Recalling Human Rights Council resolution 5/1 of 18 June 2007, as well as Council
resolutions 18/17 of 29 September 2011, 21/28 of 28 September 2012, 23/24 of 14 June
2013 and 26/31 of 27 June 2014 on technical assistance and capacity-building for South
Sudan in the field of human rights, and President’s statement PRST 25/2 of 28 March 2014,
Recalling also Security Council resolutions 2206 (2015) of 3 March 2015 and 2223
(2015) of 28 May 2015,
Deeply concerned by the information provided in the report of the Secretary-General
on South Sudan,1 the reports of the United Nations Mission in South Sudan dated 21
* Non-member State of the Human Rights Council.
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S/2015/296.
GE.15- 10781 (E)
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February 2014, 8 May 2014, 19 December 2014 and 9 January 2015 and the report of the
United Nations High Commissioner for Human Rights, 2
Deeply concerned also at the human rights situation in South Sudan and at reports of
atrocities committed since the outbreak of violence on 15 December 2013, exacerbated by
the recent upsurge in violent clashes, including targeted attacks on civilians and mass
displacements, the recruitment and use of children and attacks on schools and hospitals in
violation of applicable international law, widespread incidents of arbitrary arrest and
detention and sexual violence, and deeply concerned further that the conflict has resulted in
great human suffering, including significant loss of life, the displacement of more than two
million people and the loss of property, further impoverishing and disadvantaging the
people of South Sudan,
Expressing grave concern that, according to the report of the United Nations
Mission in South Sudan of 8 May 2014, there are reasonable grounds to believe that crimes
against humanity and war crimes have been committed,
Deeply concerned by the violence against children outlined in the press release of
the United Nations Children’s Fund dated 17 June 2015, in which the Executive Director of
the Fund stated that as many as 129 children from Unity state had been killed during three
weeks in May, that survivors had reported that boys had been castrated and left to bleed to
death, that girls as young as 8 years of age had been gang raped and murdered, that children
had been tied together before their attackers slit their throats and that others had been
thrown into burning buildings,
Expressing particular concern at the increasing reduction of the democratic space in
South Sudan, including through restrictions on the exercise of the human rights to freedoms
of expression, peaceful assembly and association and limitations on the operation of civil
society and the media, including arbitrary detention, harassment, use of excessive force and
reported torture,
Emphasizing that persistent barriers to the implementation of Security Council
resolution 1325 (2000) of 31 October 2000 will only be dismantled through dedicated
commitment to women’s empowerment, participation and human rights and through
concerted leadership, consistent information and action and support to build women’s
engagement at all levels of decision-making,
Welcoming the leading mediation efforts of the Intergovernmental Authority on
Development and the contribution of the African Union, encouraging renewed regional and
international efforts to implement swiftly a comprehensive solution to end the crisis in
South Sudan, and urging all parties to engage meaningfully in the peace process to bring
about a political resolution to the crisis and an end to the violence,
Recognizing the critical work of the Human Rights Division of the United Nations
Mission in South Sudan,
Expressing concern that the situation in South Sudan continues to be characterized
by generalized impunity,
Welcoming the establishment and work of the African Union Commission of Inquiry
on South Sudan and stressing the importance of thorough and genuine investigations into
all human rights violations and abuses and violations of international humanitarian law with
a view to bringing perpetrators to justice, and underlining the role that regional, domestic
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and international accountability mechanisms, including possible hybrid courts, have to play
in ensuring accountability,
Welcoming also the communiqué dated 13 June 2015 of the African Union Peace
and Security Commission, and the plans of the Commission to consider the final report of
the African Union Commission of Inquiry on South Sudan at a meeting in July 2015,
anticipating with interest the findings and recommendations of the Commission of Inquiry,
and encouraging the public release of its final report as soon as possible,
Taking note of the conclusions on children and armed conflict in South Sudan,3
adopted by the Security Council Working Group on Children and Armed Conflict on 8 May
2015, welcoming the ratification by South Sudan of the Convention on the Rights of the
Child, and calling for its swift implementation,
1.
Expresses grave concern at the ongoing human rights violations and abuses
and violations of international humanitarian law in South Sudan, including those involving
extrajudicial killings, targeted violence on the basis of tribal or ethnic affiliation, rape and
other forms of sexual and gender-based violence, the recruitment and use of children,
enforced disappearances, arbitrary arrests and detention, the arbitrary denial of
humanitarian access, violence aimed at spreading terror among the civilian population and
attacks on schools, places of worship, hospitals and United Nations and associated
peacekeeping personnel, by all parties of this man-made conflict, including armed groups
and national security forces, and the incitement to commit such abuses and violations,
condemns harassment and violence directed at civil society, humanitarian personnel and
journalists, and emphasizes that those responsible for violations and abuses of human rights
and violations of international humanitarian law must be held accountable;
2.
Demands a halt by all actors to all human rights violations and abuses and all
violations of international humanitarian law, and strongly calls upon the Government of
South Sudan to ensure the protection and promotion of human rights, especially for the
most marginalized members of society, in particular women and children;
3.
Stresses the importance of accountability, reconciliation and healing as
prominent elements of a transitional agenda, and also stresses that perpetrators of violations
of international humanitarian law and human rights violations and abuses, including those
that may constitute serious international crimes, should be held accountable and brought to
justice;
4.
Calls upon the Government of South Sudan to investigate and report on
atrocities, including human rights violations and abuses and violations of international
humanitarian law, and to hold those responsible to account while affording fair trial
protections and supporting survivors;
5.
Underscores the importance of the swift public release of the final report of
the African Union Commission of Inquiry on South Sudan and consideration of the
Commission’s findings and recommendations;
6.
Recognizes the importance of independent and public human rights
monitoring, investigation and reporting for their useful role in laying the groundwork for
justice, accountability, reconciliation and healing among members of all South Sudanese
communities;
7.
Urges all parties to respect and implement the agreements mediated by the
Intergovernmental Authority on Development and to commit to inclusive dialogue,
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S/AC.51/2015/1.
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reconciliation and peacebuilding, notes with concern that, since the signing of the Cessation
of Hostilities Agreement in January 2014, breaches have continued from both sides of the
conflict, calls for the Agreement to be respected and for all fighting to cease, and urges the
parties to reach a peace agreement to end the conflict;
8.
Calls upon the international community to help those neighbouring countries
hosting refugees, especially women, children and persons with disabilities;
9.
Urges the Government of South Sudan to take immediate steps to protect the
human rights to freedoms of expression, peaceful assembly and association by, among
other things, ensuring that civil society organizations and the media can operate freely and
without discrimination, including by ensuring that no unduly restrictive laws for civil
society or the media are enacted, and also urges the Government to act in accordance with
its international human rights obligations;
10.
Strongly urges the Government of South Sudan to fully and immediately
implement its revised action plan to end and prevent violations committed against children,
also strongly urges the Sudan People’s Liberation Movement/Army in opposition to fully
and immediately implement their commitment to end violations and abuses against children
signed on 10 May 2014, calls upon all armed forces to end immediately all forced or
unlawful recruitment of children and to release all children that have been recruited to date,
notes the national launch on 29 October 2014 of the campaign entitled “Children, not
soldiers” by the Government, welcomes the release of children by the Cobra faction of the
South Sudan Democratic Movement/Army, and urges the Government to accede to the
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict;
11.
Recognizes the important role that women play in building peace, calls for
the protection and promotion of women’s rights, their empowerment and participation in
peacebuilding, conflict-resolution and post-conflict processes, in accordance with Security
Council resolution 1325 (2000), and recognizes the need to honour commitments made by
all parties and to take action to tackle sexual violence, and in this regard calls upon South
Sudan to meet the commitments from the joint communiqué of 11 October 2014 of the
Government of South Sudan and the United Nations on addressing conflict-related sexual
violence;
12.
Reiterates the importance of demonstrating the continued serious concern of
the international community about the human rights situation in South Sudan by the
establishment of a follow-up mechanism to sustain an objective focus on the human rights
situation;
13.
Rights:
Requests the Office of the United Nations High Commissioner for Human
(a)
To monitor, report and make recommendations on alleged human rights
violations, abuses and related crimes in South Sudan;
(b)
To undertake a fact-finding mission and comprehensive investigation into
alleged serious violations and abuses of human rights in South Sudan and related crimes,
and to establish the facts and circumstances of such alleged violations, abuses and related
crimes perpetrated with a view to avoiding impunity and ensuring accountability;
(c)
To engage the Government of South Sudan and other relevant parties, to
incorporate a gender perspective and to consider a full range of information, including from
relevant human rights mechanisms, in particular with the Human Rights Division of the
United Nations Mission in South Sudan and relevant civil society entities in the
implementation of the present resolution with a view to helping the country to fulfil its
human rights obligations;
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(d)
To support domestic, regional and international efforts towards
accountability, reconciliation and other transitional justice measures, including through
recommendations concerning appropriate technical assistance, taking into consideration the
findings and recommendations of the final report of the African Union Commission of
Inquiry for South Sudan and other regional and international efforts to identify
accountability mechanisms;
14.
Further requests the Office of the High Commissioner, in implementing the
provisions of paragraph 13 above:
(a)
To assess the effectiveness of steps taken by the Government of South Sudan
to ensure accountability for human rights violations and abuses, which could include work
to establish a hybrid court or other criminal justice mechanisms, to decrease and prevent
violence against children and the recruitment of child soldiers, to investigate, arrest and
prosecute perpetrators of sexual violence, including those in armed groups and the military,
to investigate, arrest and prosecute perpetrators of extrajudicial killing, to increase the
democratic space, especially for the media and civil society, and to prevent arbitrary
detention;
(b)
To recommend, on the basis of these assessments, the appropriate follow-up
for the Human Rights Council to consider, including consideration of the appointment of a
special rapporteur and consideration of the appropriate technical assistance;
15.
Calls upon the Government of South Sudan to cooperate fully with the Office
of the High Commissioner in the implementation of the present resolution, including by
facilitating visits and access to the country and by providing relevant information,
16.
Encourages the Office of the High Commissioner and relevant special
procedures mandate holders to provide, in consultation with the Government of South
Sudan, advice and technical assistance on implementing the present resolution;
17.
Calls upon the Government of South Sudan to cooperate constructively with
the United Nations, including the United Nations Mission in South Sudan,
18.
Requests the Office of the High Commissioner to present to the Human
Rights Council at its thirtieth session a preliminary oral report and to present a full report to
the Council at its thirty-first session in an interactive dialogue, including on the issue of
sexual violence;
19.
Requests that the Office of the High Commissioner provide all necessary and
appropriate resources to implement the present resolution,
20.
Decides to remain seized of the situation in South Sudan and to examine the
conclusions of the Office of the High Commissioner called for in paragraphs 13 and 14
above in order to determine the appropriateness of creating a special rapporteur on the
situation of human rights in South Sudan.
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